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Item 5 Appendix 3 - Development of the Statement of Licensing Policy and Assessment of Overprovision

West Dunbartonshire Council · 27 June 2023
Back to Licensing Board — 27 June 2023 and its agenda

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Page 1

AssessmentNo 743 Owner michael.mcdougall
Resource Transformation Service/Establishment Regulatory
 
First Name Surname Job title
Head Officer Michael McDougall Section Head (Licensing)
(include job titles/organisation)
Members Peter Clyde, Licensing Standards Officer Lawrence Knighton, Licensing
Standards Officer
 
(Please note: the word 'policy' is used as shorthand for stategy policy
function or financial decision)
Policy Title West Dunbartonshire's Statement of Licensing Policy
 
The aim, objective,purpose and intended out come of policy
This policy sets out how the Licensing Board will exercise its functions in
regards to the sale and supply of alcohol. This includes the Licensing
Board's expectations around licensed hours, children and young persons'
access, and administration of occasional (i.e. temporary) licences. Please
note that the Assessment of Overprovision has been of a separate EIA.
 
 
Service/Partners/Stakeholders/service users involved in the
development and/or implementation of policy.
To date there has been an extensive pre-consultation exercise. This
exercise saw engagement with: Police Scotland, NHS Greater Glasgow and
Clyde, West Dunbartonshire Health and Social Care Partnership and the
Licensing Forum. Other stakeholders were engaged with on a targeted
basis. There will now be a public consultation.
Does the proposals involve the procurement of any goods or
services? No
If yes please confirm that you have contacted our procurement
services to discuss your requirements. No
SCREENING
You must indicate if there is any relevance to the four areas
Duty to eliminate discrimination (E), advance equal
opportunities (A) or foster good relations (F) Yes
Relevance to Human Rights (HR) Yes
Relevance to Health Impacts (H) Yes
Relevance to Social Economic Impacts (SE) Yes
Who will be affected by this policy?
This Policy will have an impact upon: (1) premises licence holders and applicants for
premises licences and occasional (i.e. temporary) licences; (2) the residents of West
Dunbartonshire; (3) persons who work in licensed premises; (4) persons who work in
industries abutting the licensed trade, for example, taxi drivers, takeaway type premises;
and (5) Police, NHS and other agencies.
Who will be/has been involved in the consultation process?
To date there has been an extensive pre-consultation exercise. This exercise saw
engagement with: Police Scotland, NHS Greater Glasgow and Clyde, West Dunbartonshire
Health and Social Care Partnership and the Licensing Forum. Other stakeholders were
engaged with on a targeted basis. There will now be a public consultation as required by
the licensing legislation as well as targeted engagement with key stakeholders, for
example, the licensed trade, health board, and community groups.

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Please outline any particular need/barriers which equality groups may have in
relation to this policy list evidence you are using to support this and whether there
is any negative impact on particular groups.
 
Needs Evidence Impact
Age
The Licensing Board
must promote the
licensing objective of
protecting children
and young persons
from harm. Children
and young persons
are at risk through
being able to buy
alcohol under age or
being at risk of harm
in premises that are
unsuitable for their
access.
Submission from
health bodies posits
that children and
young persons who
are exposed to
visible alcohol
consumption may
experience a degree
of harm. The
submission further
narrates that
visibility of alcohol
consumption
normalises drinking
culture to young
people as potential
future drinkers with
younger children
being more affected.
The NHS Greater
Glasgow &Clyde
paper highlights the
impact on children
of non-dependent
parental drinking
and advise that this
is identified at a
number of case
conferences for
children on the child
protection register.
A Planet Young
survey suggests that
61% of S3 pupils had
drank alcohol and
that 3% had bought
alcohol in a shop.
Further information
suggests that 10% of
15 year olds have
managed to
purchase alcohol.
The Policy will set
out how Children
and Young Persons
will be protected
from harm. In
particular the access
terms for Children
and Young Persons
is clearly narrated in
the Policy.
Cross Cutting
Disability
Persons with
disabilities should
be able to access
licensed premises.
Applicants for new
premises licences
must submit a
disabled access and
facilities statement.
The Licensing Board
will note the terms
of this statement and
it is available on
request.
Social & Economic The Policy relation Health partners The Policy on

Page 3

Impact
with social and
economic factors is
complex and
multifaceted. On one
hand licences
authorising the sale
and supply of
alcohol are essential
to businesses
however, there are
significant alcohol
related health harms
within West
Dunbartonshire and
alcohol costs the
local economy.
submit that off sale
type premises were
almost five times
more likely to
expose children in
the most deprived
communities than in
the least deprived
ones. Also,
Compared to
children in the least
deprived areas.
those in the most
deprived
communities were
almost three times
more likely to be
exposed to alcohol
sales outlets. The
NHS Greater
Glasgow and Clyde
paper highlights that
West
Dunbartonshire has
the fourth highest
local share of the
most deprived SIMD.
Consultation
responses from
licensed businesses
highlighted the
import of shops to
the local area and
the benefits of
access to facilities
that these premises
provide such as
Paypoint, and fresh
fruit and veg.
licensed hours
makes sure that
there is a staggered
dispersal between
public house type
premises and
entertainment
premises. This helps
police resources and
also the local
transport
intrastructure. The
Policy recognises the
importance of
tourism to the local
area as well as the
health benefits
through the creation
of employment
opportunities.
Sex
The Licensing
Board's Policy sets
out:- (1) how it
promotes the
licensing objective of
promoting and
improving health
including measures
that it expects
licence holders to
consider as well as
this objective being a
consideration when
determining
From the NHS
Greater Glasgow
&Clyde paper: The
mean number of
units per week
among drinkers in
West
Dunbartonshire is
11.2 with male
drinker's
consumption
considerably higher
at 14.1 units
compared to 8.6
Women will benefit
from a safe Night
Time Economy
environment where
there are control
measures in place to
reduce the risk of
alcohol related
violence.

Page 4

appropriate
licensing hours; and
(2) how it promotes
the licensing
objective of
preventing crime
and disorder
including measures
that it expects
licence holders to
consider as well as
this objective being a
consideration when
determining
appropriate
licensing hours and
has had regard to
issues around the
Night Time Economy
in terms of the
transport
intrastructure.
units for females.
Alcohol
consumption can be
trigger rather than a
cause of domestic
abuse
Gender Reassign
Health
The Licensing Board
must promote the
licensing objective of
protecting and
improving public
health. When
considering
applications it can
refuse those
applications were
there is an
inconsistency with
the foregoing
licensing objective.
The Policy sets out
how the Board will
promote this
objective.
As part of the
Licensing Board's
pre-consultation
exercise the views of
the various health
bodies weresought.
They provided the
following evidence
in relation to
overprovision and
health harms:
"Current health data
shows that alcoho
related harm and a
coho specitic deaths
continue to be above
the national average
for West
Dunbartonshire as a
local authority. West
Dunbartonshire has
the 3rd highest
alcohol specific
deaths across
Scotland's council
area. Furthermore,
when alcohol
specific deaths were
analvsed for the vear
(2016-2020) against
Health stakeholders
have been engaged
with from an early
stage in the
preparation of the
Policy. Information
has been gathered
from the NHS
Greater Glasgow and
Clyde and West
Dunbartonshire
Health and Social
Care Partnership.
This information has
informed the
preparation and
drafting of the new
Policy to make sure
that it is evidence
based. Doctor Daniel
Carter, Consultant in
Public Health,
presented health
related information
to the Board on 9
May 2023. The
Licensing Board is
also consulting on its
Assessment of
Overprovision. The

Page 5

the baseline vear
(2002-2006) for
each area. West
Dunbartonshire has
the second greatest
increase in Alcool
Specific Deaths in
Scotland
Additionally, all
intermediate zones
within West
Dunbartonshire
have at least 1 alcool
related health harm
indicators (Alcohol
Related Hospital
Admissions; Alcool
Specific Deaths;
Alcool Related
Mental Health
Admissions) above
the national average
with 16 of the 18
intermediate zones
having 2 or more"
There is evidence
that has been
considered by the
Licensing Board that
employment brings
about health
benefits (see Roeflfs,
Shor, Davidson
&Schwartz, Losing
life and livelihood...
and Waddell and
Burton, Is work good
for your health and
well-being?) Pre-
consultation
responses from
businesses
highlighted the
import of access to
affordable fruit and
veg as well as
employment
opportunities.
Policy contains a
number of
requirements
designed to protect
and improve public
health.
Human Rights
The Board needs to
consider the Human
Rights of people and
businesses where
relevant Article 8
Police have
presented material
around the number
of alcohol related
crimes and
The final policy will
be informed by
consideration of
these elements

Page 6

(Private life, family
etc.) is likely to be
particularly relevant
to people and
families e.g.
preventing ASB
Article 1 of Protocol
I to the ECHR as the
"right to peaceful
enjoyment of
possessions"
including economic
interests of
businesses
incidents. Health
partners submit that
there is evidence to
suggest that laws
limiting when
people can buy and
sell alcohol help
lower harm
associated with
alcohol.
Marriage & Civil
Partnership
Pregnancy &
Maternity
Race
Religion and Belief
Sexual Orientation
Actions
Policy has a negative impact on an equality group,but is still to be implemented,
please provide justification for this.
Will the impact of the policy be monitored and reported on an ongoing bases?
The Licensing Forum has a statutory role in monitoring the operation of the Licensing
Board and reporting back to it on an ongoing basis. This will include the implementation of
this Policy. The Policy itself requests that the Forum keep the Licensing Board updated
with any matters it should be aware of, including but not limited to developments in local
strategies or national policy changes.
Q7 What is you recommendation for this policy?
Intoduce
Please provide a meaningful summary of how you have reached the
recommendation
EIA 743: The Policy promotes the licensing objectives and is underpinned by probative
evidence. It is relevant specially in terms of Sex, Age, Disability, Health, Socio-Economic
impact's and Human rights with potential benefits. The Policy will now be subject to a
public consultation so to gather the view of the residents of West Dunbartonshire as well
as partner agencies. The Licensing Board will consider the responses received before
agreeing a final policy.